How to Identify a Personal Injury or Malpractice and Consult an Attorney

  • Home
  • Law
  • How to Identify a Personal Injury or Malpractice and Consult an Attorney

Personal injury and malpractice cases can be tricky to navigate. Hence, identifying when you have a case and determining if you need to consult an attorney is an essential step in the law process.

This determines if you receive the compensation you are entitled to and if you get to be ignored.

This article offers some guidance on identifying personal injury and malpractice cases. And the key factor of when to introduce an attorney.

Personal Injury Cases

These cases can spring out in various scenarios. They include slip and fall accidents, car accidents, medical malpractice, and product liability.

To identify a personal injury case, you normally need to establish a duty of care, breach of duty, causation, and damages. All these come together to create a personal injury case and, depending on the circumstances, require a personal injury lawyer.

Medical Malpractice Cases

On the other hand, medical malpractice cases occur when a healthcare provider fails to provide the appropriate standard of care, harming the patient. The same elements used in personal injury cases can be used to identify medical malpractice.

However, medical malpractice cases can be complex and require expert testimony to establish the appropriate standard of care. It differs from personal injury cases, which result from injuries alleged to have been caused by another person.

Some states in the U.S. have financial caps at $300,000, which dissuades many firms from taking on such cases due to the high costs involved in hiring expert witnesses and other expenses. One exception is in Ohio, where the cap ranges from $250,000 to $500,000, but only for “noneconomic damages.” Examples of these are pain and suffering and loss of enjoyment of life.

Economic damages, including medical bills and lost income, have no cap. The cap plays a role in determining whether a law firm can handle a case, as they are more likely to pursue cases with substantial economic damages that are not subject to the cap.

When to Consult an Attorney

If the negligence or malpractice of another has injured you, consult an attorney as soon as possible. An attorney can assist you with the rigors of the legal process and ensure fair compensation for your injuries.

It would help if you involved an attorney when you have sustained serious injuries that may require ongoing medical treatment, resulting in significant medical expenses and lost wages. Attorneys are also vital when you are unsure if you have a case. They can review the facts and help determine if you have a case.

When the other party’s insurance company is pressuring you to settle is another crucial period to introduce an attorney. Insurance companies try to settle cases quickly and for less than the case is worth.

Finally, if the statute of limitations is approaching, you should consult an attorney. The statute of limitations is the time within which a lawsuit can be brought; if you miss the deadline, you may be unable to pursue your case.


“In most situations, getting a personal injury or malpractice lawyer may be helpful when pursuing a claim. Still, it is important to identify when you have a legitimate claim and need an attorney to pursue it,” says attorney Jeffrey Lowenthal of Lowenthal & Abrams, Injury Attorneys


Hemant Kumar

Hemant Kumar is a project manager at Tridindia with more than nine years of commendable experience in writing about LMS, translation, and IT. His unmatched talent and passion for digital marketing gave him the opportunity to work as a multi-tasking project manager at TridIndia’s sister company, Link Building Corp. Today, he contributes to the world by imparting knowledge on SEO, link building and internet marketing etc., that helps business owners grow their online business.

Leave a Comment